What are some current concerns of the state courts with respect to federal activities?
Most concerns of the state courts involve federal statutory preemption of state and local authority. Preemption refers to the authority of the Congress under the supremacy clause of the U.S. Constitution to enact statutes that displace or replace state and local laws and powers. The operation and implication of preemptive acts varies, and this space is too short in which to explain preemption in depth. Suffice to say that the Congress’s power to preempt is supposed to be limited to the fields of authority delegated to it (e.g., bankruptcy) by the people of the states through the U.S. Constitution. Nevertheless, the instances of preemption increased significantly during the 20th century, allowing for much of the growth in the federal government that has taken place. Although state officials may acknowledge the need for federal preemption under some circumstances (e.g., environmental regulation), they feel that many acts of preemption are excessive or unnecessary. They point out that fed
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